Session of 1999
         
HOUSE BILL No. 2083
         
By Committee on Judiciary
          
1-21
          
  9             AN  ACT concerning courts; relating to collection of debts owed thereto
10             and restitution ordered thereby; authority of attorney general to con-
11             tract for collection services; amending K.S.A. 75-719 and repealing the
12             existing section.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 75-719 is hereby amended to read as follows: 75-
16       719. (a) To ensure that victims of crime are fully compensated and that
17       persons convicted of crime take responsibility for their criminal behavior,
18       the attorney general is authorized to enter into contracts in accordance
19       with this section for collection services for debts owed to courts or res-
20       titution owed under an order of restitution. The cost of collection shall be
21       paid by the defendant as an additional court cost in all criminal, traffic
22       and juvenile offender cases where the defendant fails to pay any amount
23       ordered by the court and the court utilizes the services of a contracting
24       agent pursuant to this section. The cost of collection shall be deemed an
25       administrative fee to pay the actual costs of collection made necessary by
26       the defendant's failure to pay court debt and restitution.
27             (b) As used in this section:
28             (1) "Beneficiary under an order of restitution" means the victim or
29       victims of a crime to whom a district court has ordered restitution be
30       paid;
31             (2) "contracting agent" means a person, firm, agency or other entity
32       who contracts hereunder to provide collection services;
33             (3) "cost of collection" means the fee specified in contracts hereunder
34       to be paid to or retained by a contracting agent for collection services.
35       "Cost of collection" also includes any filing fee required under K.S.A. 60-
36       4303 and amendments thereto or administrative costs prescribed by the
37       attorney general pursuant to rules and regulations; and
38             (4) "debts owed to courts" means any assessment of court costs, fines,
39       fees, moneys expended by the state in providing counsel and other de-
40       fense services to indigent defendants or other charges which a district
41       court judgment has ordered to be paid to the court, and which remain
42       unpaid in whole or in part, and includes any interest or penalties on such
43       unpaid amounts as provided for in the judgment or by law. Debts owed

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  1       to courts also includes the cost of collection when collection services of
  2       a contracting agent hereunder are utilized.
  3             (c)  (1) Contracts authorized by this section may be entered into with
  4       state or federal agencies or political subdivisions of the state of Kansas,
  5       including contracts for participation in the collection program authorized
  6       by K.S.A. 75-6201 et seq. and amendments thereto. Such contracts also
  7       may be entered into with private firms or individuals selected by a pro-
  8       curement negotiation committee in accordance with K.S.A. 75-37,102
  9       and amendments thereto, except that the attorney general shall designate
10       a representative to serve as the chief administrative officer member of
11       such committee and that the other two members of such committee shall
12       be designated by the director of purchases and the judicial administrator.
13             (2) Prior to negotiating any contract for collection services, this pro-
14       curement negotiation committee shall advertise for proposals, negotiate
15       with firms and individuals submitting proposals and select among those
16       submitting such proposals the party or parties to contract with for the
17       purpose of collection services.
18             (3) The attorney general may adopt rules and regulations as deemed
19       appropriate for the administration of this section, including procedures
20       to be used in the negotiation and execution of contracts pursuant to this
21       section and procedures to be followed by those who utilize collection
22       services under such contracts.
23             (4) For purposes of this section, the agencies, firms or individuals
24       with whom contracts are entered under this section shall be known as
25       contracting agents. The attorney general shall publish a list of the con-
26       tracting agents for use by courts or beneficiaries under orders of resti-
27       tution who desire to utilize the collection services of such agents.
28             (5) Each contract entered pursuant to this section shall provide for a
29       fee to be paid to or retained by the contracting agent for collection serv-
30       ices. Such fee shall be designated as the cost of collection hereunder, and
31       shall not exceed 33% of the amount of the debt to be collected. The cost
32       of collection shall be deducted paid from the amount collected and, but
33       shall not be in addition to deducted from the debts owed to courts or
34       restitution.
35             (d) Judicial districts of the state of Kansas are authorized to utilize
36       the collection services of contracting agents pursuant to this section for
37       the purpose of collecting all outstanding debts owed to courts. Subject to
38       rules and orders of the Kansas supreme court, each judicial district may
39       establish by local rule guidelines for the compromise of court costs, fines,
40       attorney fees and other charges assessed in district court cases.
41             (e) Any beneficiary under an order of restitution entered by a court
42       after this section takes effect is authorized to utilize the collection services
43       of contracting agents pursuant to this section for the purpose of collecting

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  1       all outstanding amounts owed under such order of restitution.
  2             (f) Contracts entered hereunder shall provide for the payment of any
  3       amounts collected to the clerk of the district court for the court in which
  4       the debt being collected originated, after first deducting the collection fee.
  5       In accounting for amounts collected from any person pursuant to this
  6       section, the district court clerk shall credit the person's amount owed in
  7       the amount of the gross net proceeds collected and shall not reduce the
  8       amount owed by any person by that portion of any payment which con-
  9       stitutes the cost of collection pursuant to this section.
10             (g) With the appropriate cost of collection paid to the contracting
11       agent as agreed upon in the contract hereunder, the clerk shall then
12       distribute amounts collected hereunder as follows:
13             (1) When collection services are utilized pursuant to subsection (d),
14       all amounts shall be applied against the debts owed to the court as spec-
15       ified in the original judgment creating the debt;
16             (2) when collection services are utilized pursuant to subsection (e),
17       all amounts shall be paid to the beneficiary under the order of restitution
18       designated to receive such restitution, except where that beneficiary has
19       received recovery from the Kansas crime victims compensation board and
20       such board has subrogation rights pursuant to K.S.A. 74-7312 and amend-
21       ments thereto, in which case all amounts shall be paid to the board until
22       its subrogation lien is satisfied.
23             (h) Whenever collection services are being utilized against the same
24       debtor pursuant to both subsections (d) and (e), any amounts collected
25       by a contracting agent shall be first applied to satisfy subsection (e) debts,
26       debts pursuant to an order of restitution. Upon satisfaction of all such
27       debts, amounts received from the same debtor shall then be applied to
28       satisfy subsection (d) debts, debts owed to courts. 
29       Sec.  2. K.S.A. 75-719 is hereby repealed.
30        Sec.  3. This act shall take effect and be in force from and after its
31       publication in the statute book.